Mr. Madison, thought the definition too narrow. It did
not appear to go as far as the Stat. of Edwd. III. He did
not see why more latitude might not be left to the Legislature.
It wd. be as safe as in the hands of State legislatures;
and it was inconvenient to bar a discretion which
experience might enlighten, and which might be applied
to good purposes as well as be abused.

Mr Mason was for pursuing the Stat: of Edwd. III.

Mr. Govr Morris was for giving to the Union an exclusive
right to declare what shd. be treason. In case of a contest
between the U-- S-- and a particular State, the people
of the latter must, under the disjunctive terms of the
clause, be traitors to one or other authority.

Mr Randolph thought the clause defective in adopting
the words "in adhering" only. The British Stat: adds. "giving
them aid and comfort" which had a more extensive
meaning.

Mr. Elseworth considered the definition as the same in
fact with that of the Statute.

Mr. Govr Morris "adhering" does not go so far as "giving
aid and Comfort" or the latter words may be restrictive
of "adhering". in either case the Statute is not pursued.

Mr Wilson held "giving aid and comfort" to be explanatory,
not operative words; and that it was better to omit
them--

Mr Dickenson, thought the addition of "giving aid &
comfort" unnecessary & improper; being too vague and
extending too far-- He wished to know what was meant by
the "testimony of two witnesses", whether they were to be
witnesses to the same overt act or to different overt acts.
He thought also that proof of an overt-act ought to be
expressed as essential in the case.

Docr Johnson considered "giving aid & comfort" as explanatory
of "adhering" & that something should be inserted
in the definition concerning overt-acts. He contended
that Treason could not be both agst. The U.
States--and individual States; being an offence agst the
Sovereignty which can be but one in the same community--

Mr. Madison remarked that "and" before "in adhering"
should be changed into "or" otherwise both offences viz of
levying war, & of adhering to the Enemy might be necessary
to constitute Treason. He added that as the definition
here was of treason against the U. S. it would seem that the
individual States wd. be left in possession of a concurrent
power so far as to define & punish treason particularly
agst. themselves; which might involve double punishmt.

It was moved that the whole clause be recommitted
which was lost, the votes being equally divided.

Mr. Wilson & Docr. Johnson moved, that "or any of
them" after "United States" be struck out in order to remove
the embarrassment: which was agreed to nem. con--

Mr Madison This has not removed the embarrassment.
The same Act might be treason agst. the United States as
here defined--and agst a particular State according to its
laws.

Mr Elseworth-- There can be no danger to the Genl
authority from this; as the laws of the U. States are to be
paramount.

Docr Johnson was still of opinion there could be no
Treason agst a particular State. It could not even at present,
as the Confederation now stands; the Sovereignty
being in the Union; much less can it be under the proposed
System.

Col. Mason. The United States will have a qualified sovereignty
only. The individual States will retain a part of
the Sovereignty. An Act may be treason agst. a particular
State which is not so against the U. States. He cited the
Rebellion of Bacon in Virginia as an illustration of the
doctrine.

Docr. Johnson: That case would amount to Treason agst
the Sovereign, the supreme Sovereign, the United States--

Mr. King observed that the controversy relating to Treason
might be of less magnitude than was supposed; as the
legislature might punish capitally under other names than
Treason.

Mr. Govr Morris and Mr Randolph wished to substitute
the words of the British Statute and moved to postpone
Sect. 2. art VII in order to consider the following substitute--"Whereas
it is essential to the preservation of liberty
to define precisely and exclusively what shall constitute the
crime of Treason, it is therefore ordained, declared & established,
that if a man do levy war agst. the U. S. within
their territories, or be adherent to the enemies of the U. S.
within the said territories, giving them aid and comfort
within their territories or elsewhere, and thereof be provably
attainted of open deed by the People of his condition,
he shall be adjudged guilty of Treason"

Mr King moved to insert before the word "power" the
word "sole", giving the U. States the exclusive right to declare
the punishment of Treason.

Mr Broom 2ds. the motion--

Mr Wilson in cases of a general nature, treason can only
be agst the U-- States. and in such they shd have the sole
right to declare the punishment--yet in many cases it may
be otherwise. The subject was however intricate and he
distrusted his present judgment on it.

Mr King this amendment results from the vote defining
treason generally by striking out agst. the U. States; which
excludes any treason agst particular States. These may
however punish offences as high misdemesnors.

Mr Madison was not satisfied with the footing on which
the clause now stood. As treason agst the U-- States involves
Treason agst. particular States, and vice versa, the
same act may be twice tried & punished by the different
authorities--Mr Govr Morris viewed the matter in the
same lights--

It was moved & 2ded to amend the Sentence to read--
"Treason agst. the U. S. shall consist only in levying war
against them, or in adhering to their enemies" which was
agreed to.

Col-- Mason moved to insert the words "giving them aid
comfort". as restrictive of "adhering to their Enemies &c"--the
latter he thought would be otherwise too indefinite--
This motion was agreed to Cont: Del: & Georgia only
being in the Negative.

Article VII, Sect. 2. "Treason against the United States shall
consist only in levying war against the United States, or any of
them; and in adhering to the enemies of the United States, or any
of them. The Legislature of the United States shall have power to
declare the punishment of treason. No person shall be convicted
of treason, unless on the testimony of two witnesses. No attainder
of treason shall work corruption of bloods nor forfeiture, except
during the life of the person attainted."